North Carolina SB 71: Amend Irrigation Contractors Licensing Laws.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013

SESSION LAW 2013-383
SENATE BILL 71

*S71-v-6*
AN ACT AMENDING THE LAWS REGULATING IRRIGATION CONTRACTORS TO
PROVIDE SUBSTANTIVE REQUIREMENTS FOR LICENSING CORPORATIONS, TO
PROVIDE FOR THE ISSUANCE OF LICENSES TO NONRESIDENTS, TO CLARIFY
THE FEE STRUCTURE, AND TO MAKE OTHER CONFORMING CHANGES.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 89G-1 reads as rewritten:
"§ 89G-1. Definitions.
The following definitions apply in this Chapter:
(1) Board. – The North Carolina Irrigation Contractors' Licensing Board.
(1a) Business entity. – A corporation, association, partnership, limited liability
company, limited liability partnership, or other legal entity that is not an
individual or a foreign entity.
(1b) Foreign corporation. – Defined in G.S. 55-1-40.
(1c) Foreign entity. – A foreign corporation, a foreign limited liability company,
or a foreign partnership.
(1d) Foreign limited liability company. – Defined in G.S. 57C-1-03.
(1e) Foreign partnership. – One of the following that does not have a permanent
place of business in this State:
a. A foreign limited partnership as defined in G.S. 59-102.
b. A general partnership formed under the laws of a jurisdiction other
than this State.
(2) Irrigation construction or irrigation contracting. – The act of providing
services as an irrigation contractor for compensation or other consideration.
(3) Irrigation contractor. – Any person who, for compensation or other
consideration, constructs, installs, expands, services, or repairs irrigation
systems.
(4) Irrigation system. – All piping, fittings, sprinklers, drip tubing, valves,
control wiring of 30 volts or less, and associated components installed for
the delivery and application of water for the purpose of irrigation that are
downstream of a well, pond or other surface water, potable water or
groundwater source, or grey water source and downstream of a backflow
prevention assembly. Surface water, potable water or groundwater sources,
water taps, utility piping, water service lines, water meters, backflow
prevention assemblies, stormwater systems that service only the interior of a
structure, and sanitary drainage systems are not part of an irrigation system.
(4a) Nonresident individual. – An individual who is not a resident of this State.
(5) Person. – An individual, firm, partnership, association, corporation, or other
legal entity."
SECTION 2. G.S. 89G-3 reads as rewritten:
"§ 89G-3. Exemptions.
The provisions in of this Chapter shall not apply to:
(1) Any federal or State agency or any political subdivision performing
irrigation construction or irrigation contracting work on public
property.property and using its own employees.
(2) Any property owner who performs irrigation construction or
contractingwork on his or her own property.

Page 2 Session Law 2013-383 Senate Bill 71-Ratified
(3) A landscape architect registered under Chapter 89A of the General Statutes.
(4) A professional engineer licensed under Chapter 89C of the General Statutes.
(5) Any irrigation construction or irrigation contracting work where the price of
all contracts for labor, material, and other items for a given jobsite is less
than two thousand five hundred dollars ($2,500).
(6) Any person performing irrigation construction or irrigation contracting work
for temporary irrigation to establish vegetative cover for erosion control.
(7) Any person performing irrigation construction or irrigation contracting work
to control dust on commercial construction sites or mining operations.
(8) Any person performing irrigation construction or irrigation contracting work
for use in agricultural production, farming, or ranching, including land
application of animal wastewater.
(9) Any person performing irrigation construction or irrigation contracting work
for use in commercial sod production.
(10) Any person performing irrigation construction or irrigation contracting work
for use in the commercial production of horticultural crops, including
nursery and greenhouse operators.
(11) A general contractor licensed under Article 1 of Chapter 87 of the General
Statutes.Statutes who possesses a classification under G.S. 87-10(b) as a
building contractor, a residential contractor, or a public utilities contractor.
(12) A wastewater contractor certified under Article 5 of Chapter 90A of the
General Statutes who performs only the construction of or repair to a
wastewater dispersal system.
(13) A public utility contractor licensed under Article 1 of Chapter 87 of the
General Statutes.
(14) A plumbing contractor licensed under Article 2 of Chapter 87 of the General
Statutes who performs only the following work: installation, repairs, or
maintenance of water mains, water taps, service lines, water meters, or
backflow prevention assemblies supplying water for irrigation systems; or
repairs to an irrigation system.
(15) Any person performing irrigation construction or irrigation contracting work
for a golf